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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4036 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4036

   To establish a Government Spending Oversight Committee within the 
Council of the Inspectors General on Integrity and Efficiency, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2024

Mr. Peters (for himself and Mr. Romney) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
   To establish a Government Spending Oversight Committee within the 
Council of the Inspectors General on Integrity and Efficiency, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Government Spending Oversight Act of 
2024''.

SEC. 2. GOVERNMENT SPENDING OVERSIGHT COMMITTEE.

    (a) In General.--Section 424 of title 5, United States Code, is 
amended by adding at the end the following:
    ``(f) Government Spending Oversight Committee.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Agency.--The term `agency' has the meaning 
                given the term in section 551 of this title.
                    ``(B) Appropriate congressional committees.--The 
                term `appropriate congressional committees' means--
                            ``(i) the Committees on Appropriations of 
                        the Senate and the House of Representatives;
                            ``(ii) the Committee on Homeland Security 
                        and Governmental Affairs of the Senate;
                            ``(iii) the Committee on Oversight and 
                        Accountability of the House of Representatives; 
                        and
                            ``(iv) any other relevant congressional 
                        committee of jurisdiction.
                    ``(C) Chairperson.--The term `Chairperson' means 
                the Chairperson of the Committee.
                    ``(D) Committee.--The term `Committee' means the 
                Government Spending Oversight Committee established 
                under paragraph (2).
                    ``(E) Covered funds.--The term `covered funds' 
                means any funds, including loans, that are made 
                available in any form to any non-Federal entity or 
                individual, under--
                            ``(i) division A or B of the CARES Act 
                        (Public Law 116-136);
                            ``(ii) the Coronavirus Preparedness and 
                        Response Supplemental Appropriations Act, 2020 
                        (Public Law 116-123);
                            ``(iii) the Families First Coronavirus 
                        Response Act (Public Law 116-127);
                            ``(iv) the Paycheck Protection Program and 
                        Health Care Enhancement Act (Public Law 116-
                        139);
                            ``(v) division M or N of the Consolidated 
                        Appropriations Act, 2021 (Public Law 116-260);
                            ``(vi) the American Rescue Plan Act of 2021 
                        (Public Law 117-2);
                            ``(vii) any loan guaranteed or made by the 
                        Small Business Administration, including any 
                        direct loan or guarantee of a trust 
                        certificate, under the Small Business Act (15 
                        U.S.C. 631 et seq.), the Small Business 
                        Investment Act of 1958 (15 U.S.C. 661 et seq.), 
                        or any other provision of law;
                            ``(viii) unemployment compensation, as 
                        defined in section 85 of the Internal Revenue 
                        Code of 1986;
                            ``(ix) the Infrastructure Investment and 
                        Jobs Act (Public Law 117-58);
                            ``(x) the Inflation Reduction Act (Public 
                        Law 117-169);
                            ``(xi) the Honoring our PACT Act of 2022 
                        (Public Law 117-168); or
                            ``(xii) the CHIPS Act of 2022 (division A 
                        of Public Law 117-167) (commonly known as the 
                        `CHIPS and Science Act of 2022').
            ``(2) Establishment.--There is established within the 
        Council the Government Spending Oversight Committee to promote 
        transparency and conduct and support oversight of covered funds 
        to--
                    ``(A) prevent and detect fraud, waste, abuse, and 
                mismanagement; and
                    ``(B) mitigate major risks that cut across program 
                and agency boundaries.
            ``(3) Chairperson.--The Chairperson of the Committee--
                    ``(A) shall be selected by the Chairperson of the 
                Council from among Inspectors General appointed by the 
                President and confirmed by the Senate; and
                    ``(B) should have with experience managing 
                oversight of large organizations and expenditures.
            ``(4) Membership.--The members of the Committee shall 
        include--
                    ``(A) the Chairperson;
                    ``(B) the Inspector General of the Department of 
                the Labor;
                    ``(C) the Inspector General of the Department of 
                Health and Human Services;
                    ``(D) the Inspector General of the Small Business 
                Administration;
                    ``(E) the Inspector General of the Department of 
                the Treasury;
                    ``(F) the Inspector General of the Department of 
                Transportation;
                    ``(G) the Treasury Inspector General for Tax 
                Administration;
                    ``(H) the Inspector General of the Department of 
                Veterans Affairs;
                    ``(I) the Inspector General of the Department of 
                Commerce;
                    ``(J) the Inspector General of the Department of 
                Justice;
                    ``(K) the Inspector General of the Department of 
                Defense;
                    ``(L) the Inspector General of the Department of 
                Education;
                    ``(M) the Inspector General of the Department of 
                Homeland Security; and
                    ``(N) any other Inspector General, as designated by 
                the Chairperson, from any agency that expends or 
                obligates covered funds.
            ``(5) Executive director.--
                    ``(A) In general.--There shall be an Executive 
                Director of the Committee.
                    ``(B) Appointment; qualifications.--The Executive 
                Director of the Committee shall--
                            ``(i) be appointed by the Chairperson of 
                        the Committee, in consultation with the 
                        majority leader of the Senate, the Speaker of 
                        the House of Representatives, the minority 
                        leader of the Senate, and the minority leader 
                        of the House of Representatives;
                            ``(ii) have demonstrated ability in 
                        accounting, auditing, financial analysis, law, 
                        management analysis, public administration, or 
                        investigations;
                            ``(iii) have experience managing oversight 
                        of large organizations and expenditures; and
                            ``(iv) be full-time employees of the 
                        Committee.
                    ``(C) Duties.--The Executive Director of the 
                Committee shall--
                            ``(i) report directly to the Chairperson;
                            ``(ii) appoint staff of the Committee, 
                        subject to the approval of the Chairperson, 
                        consistent with this subsection;
                            ``(iii) supervise and coordinate Committee 
                        functions and staff; and
                            ``(iv) perform any other duties assigned to 
                        the Executive Director by the Committee.
            ``(6) Prohibition on additional compensation.--Members of 
        the Committee may not receive additional compensation for 
        services performed.
            ``(7) Duties of the committee.--
                    ``(A) In general.--The Committee shall conduct 
                oversight of covered funds and support Inspectors 
                General in the oversight of covered funds in order to--
                            ``(i) detect and prevent fraud, waste, 
                        abuse, and mismanagement; and
                            ``(ii) identify major risks that cut across 
                        programs and agency boundaries.
                    ``(B) General functions.--The Committee, in 
                coordination with relevant Inspectors General, may--
                            ``(i) provide support to, and collaborate 
                        with, relevant Inspectors General in conducting 
                        investigations, audits, and reviews relating to 
                        covered funds, including through--
                                    ``(I) data analytics;
                                    ``(II) the sharing of data, tools, 
                                and services;
                                    ``(III) the development and 
                                enhancement of data practices, 
                                analysis, and visualization; and
                                    ``(IV) any other appropriate means 
                                as determined by the Committee;
                            ``(ii) provide analytical products to 
                        agencies, in coordination with Inspectors 
                        General, to promote program integrity, prevent 
                        improper payments, and facilitate verification 
                        efforts to ensure proper expenditure and 
                        utilization of covered funds;
                            ``(iii) review the economy, efficiency, and 
                        effectiveness in the administration of, and the 
                        detection of fraud, waste, abuse, and 
                        mismanagement in, programs and operations using 
                        covered funds;
                            ``(iv) review whether there are appropriate 
                        mechanisms for interagency collaboration 
                        relating to the oversight of covered funds, 
                        including coordinating and collaborating to the 
                        extent practicable with State and local 
                        government entities; and
                            ``(v) expeditiously report to the Attorney 
                        General any instance in which the Committee has 
                        reasonable grounds to believe there has been a 
                        violation of Federal criminal law.
                    ``(C) Additional functions.--The Committee may 
                provide investigative support to prosecutive and 
                enforcement authorities to protect program integrity 
                and prevent, detect, and prosecute fraud of covered 
                funds.
                    ``(D) Reporting.--
                            ``(i) Alerts.--The Committee shall submit 
                        to the President and Congress, including the 
                        appropriate congressional committees, 
                        management alerts on potential management, 
                        risk, and funding problems that require 
                        immediate attention.
                            ``(ii) Reports and updates.--The Committee 
                        shall submit to Congress such other reports or 
                        provide such periodic updates on the work of 
                        the Committee as the Committee considers 
                        appropriate on the use of covered funds.
                            ``(iii) Biannual reports.--The Committee 
                        shall submit biannual reports to the President 
                        and Congress, including the appropriate 
                        congressional committees, and may submit 
                        additional reports as appropriate summarizing 
                        the findings of the Committee and any 
                        recommended changes to the scope of covered 
                        funds.
                            ``(iv) Public availability.--All reports 
                        submitted under this subparagraph shall be made 
                        publicly available and posted on the website 
                        established under paragraph (16).
                            ``(v) Redactions.--Any portion of a report 
                        submitted under this paragraph may be redacted 
                        when made publicly available, if that portion 
                        would disclose information that is not subject 
                        to disclosure under sections 552 and 552a of 
                        this title, or is otherwise prohibited from 
                        disclosure by law.
                    ``(E) Recommendations.--
                            ``(i) In general.--The Committee shall make 
                        recommendations to agencies on measures to 
                        prevent or address fraud, waste, abuse and 
                        mismanagement, and to mitigate risks that cut 
                        across programs and agency boundaries, relating 
                        to covered funds.
                            ``(ii) Report.--Not later than 30 days 
                        after receipt of a recommendation under clause 
                        (i), an agency shall submit a report to the 
                        President and the appropriate congressional 
                        committees on--
                                    ``(I) whether the agency agrees or 
                                disagrees with the recommendations; and
                                    ``(II) any actions the agency will 
                                take to implement the recommendations, 
                                which shall also be included in the 
                                report required under section 2(b) of 
                                the GAO-IG Act (31 U.S.C. 1105 note; 
                                Public Law 115-414).
            ``(8) Authorities.--
                    ``(A) In general.--In carrying out the duties and 
                functions under this subsection with respect to the 
                oversight of covered funds, the Committee shall--
                            ``(i) carry out those duties and functions 
                        in accordance with section 404(b)(1) of this 
                        title;
                            ``(ii) in coordination with relevant 
                        Inspectors General, have the authorities 
                        provided under and be subject to paragraphs (1) 
                        through (4) of subsection (a) and subsections 
                        (h), (j), and (k) of section 406;
                            ``(iii) be considered to be conducting 
                        civil or criminal law enforcement activity for 
                        the purposes of section 552a(b)(7) of this 
                        title; and
                            ``(iv) for the purposes of sections 552 and 
                        552a of this title, be considered to be a 
                        component which performs as its principal 
                        function an activity pertaining to the 
                        enforcement of criminal laws, and its records 
                        may constitute investigatory material compiled 
                        for law enforcement purposes.
                    ``(B) Limitation on subpoena authority.--When 
                carrying out subpoena authority under section 406(a)(4) 
                of this title, the following limitations shall apply to 
                the Committee:
                            ``(i) Any subpoena issued under this 
                        subsection shall be signed by the Chairperson 
                        of the Committee, and this power is non-
                        delegable.
                            ``(ii) On a quarterly basis, the Committee 
                        shall notify the Committee on Homeland Security 
                        and Governmental Affairs of the Senate and the 
                        Committee on Oversight and Accountability of 
                        the House of Representatives of any subpoenas 
                        issued during the preceding quarter.
                            ``(iii) The authority to issue a subpoena 
                        under this subsection shall terminate on the 
                        date that is 5 years after the date of 
                        enactment of this subsection.
            ``(9) Refusal of information or assistance.--Whenever 
        information or assistance requested by the Committee or an 
        Inspector General is unreasonably refused or not provided, the 
        Committee shall immediately report the circumstances to the 
        appropriate congressional committees.
            ``(10) Use of existing resources.--The Committee shall 
        leverage existing information technology resources within the 
        Council, such as oversight.gov and those developed by the 
        Pandemic Response Accountability Committee established under 
        section 15010 of the CARES Act (Public Law 116-136; 135 Stat. 
        533), to carry out the duties of the Committee.
            ``(11) Contracts.--The Committee may enter into contracts 
        to enable the Committee to discharge its duties, including 
        contracts and other arrangements for audits, studies, analyses, 
        and other services with public agencies and with private 
        persons, and make such payments as may be necessary to carry 
        out the duties of the Committee.
            ``(12) Subcommittees.--The Committee may establish 
        subcommittees to facilitate the ability of the Committee to 
        discharge its duties.
            ``(13) Transfer of funds, assets, and obligations.--
                    ``(A) Funds.--The Committee may transfer funds 
                appropriated to the Committee--
                            ``(i) for expenses to support 
                        administrative support services and audits, 
                        reviews, or other activities related to 
                        oversight by the Committee of covered funds to 
                        any Office of the Inspector General or the 
                        General Services Administration; and
                            ``(ii) to reimburse for services provided 
                        by the Council.
                    ``(B) Assets and obligations.--
                            ``(i) Assets defined.--In this 
                        subparagraph, the term `assets' includes 
                        contracts, agreements, facilities, property, 
                        data, records, unobligated or unexpended 
                        balances of appropriations, and other funds or 
                        resources (other than personnel).
                            ``(ii) Transfer.--Upon the effective date 
                        of this subsection, the assets and obligations 
                        held by or available in connection with the 
                        Pandemic Response Accountability Committee 
                        established under 15010 of the CARES Act 
                        (Public Law 116-136; 135 Stat. 540) shall be 
                        transferred to the Committee.
            ``(14) Additional staff.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Committee may exercise the authorities of subsections 
                (b) through (i) of section 3161 of this title (without 
                regard to subsection (a) of that section) to meet 
                temporary or urgent needs of the Committee under this 
                subsection, as certified by the Chairperson to the 
                appropriate congressional committees that such 
                temporary or urgent needs exist, as if the Committee 
                were a temporary organization.
                    ``(B) Head of organization.--For purposes of 
                exercising the authorities described in subparagraph 
                (A), the term `Chairperson' shall be substituted for 
                the term `head of a temporary organization'.
                    ``(C) Consultation.--In exercising the authorities 
                described in subparagraph (A), the Chairperson shall 
                consult with members of the Committee.
                    ``(D) Additional detailees.--In addition to the 
                authority provided by section 3161(c) of this title, 
                upon the request of an Inspector General, the Committee 
                may detail, on a nonreimbursable basis, any personnel 
                of the Committee to that Inspector General to assist in 
                carrying out any audit, review, or investigation 
                pertaining to the oversight of covered funds.
                    ``(E) Limitations.--In exercising the employment 
                authorities under section 3161(b) of this title, as 
                provided under subparagraph (A) of this paragraph--
                            ``(i) section 3161(b)(2) of this title 
                        (relating to periods of appointments) shall not 
                        apply; and
                            ``(ii) no period of appointment may exceed 
                        the date on which the Committee terminates.
                    ``(F) Competitive service.--A person employed by 
                the Committee shall acquire competitive status and 
                conditional tenure for appointment to any position in 
                the competitive service for which the employee 
                possesses the required qualifications upon the 
                completion of 2 years of continuous service as an 
                employee under this subsection.
                    ``(G) Annuitants.--
                            ``(i) In general.--The Committee may employ 
                        annuitants covered by section 9902(g) of this 
                        title for purposes of the oversight of covered 
                        funds.
                            ``(ii) Treatment of annuitants.--The 
                        employment of annuitants under this paragraph 
                        shall be subject to the provisions of section 
                        9902(g) of this title, as if the Committee was 
                        the Department of Defense.
            ``(15) Provision of information.--
                    ``(A) Requests.--Upon request of the Committee for 
                information or assistance from any agency or other 
                entity of the Federal Government, the head of such 
                entity shall, insofar as is practicable and not in 
                contravention of any existing law, and consistent with 
                section 406 of this title, furnish such information or 
                assistance to the Committee, or an authorized designee, 
                including an Inspector General designated by the 
                Chairperson.
                    ``(B) Inspectors general.--Any Inspector General 
                responsible for conducting oversight related to covered 
                funds may, consistent with the duties, 
                responsibilities, policies, and procedures of the 
                Inspector General, provide information requested by the 
                Committee or an Inspector General on the Committee 
                relating to the responsibilities of the Committee.
            ``(16) Website.--
                    ``(A) In general.--Not later than 30 days after the 
                date of enactment of this subsection, the Committee 
                shall establish and maintain a user-friendly, public-
                facing website--
                            ``(i) to foster greater accountability and 
                        transparency in the use of covered funds, which 
                        shall have a uniform resource locator that is 
                        descriptive and memorable; and
                            ``(ii) that shall be a portal or gateway to 
                        key information relating to the oversight of 
                        covered funds and provide connections to other 
                        Government websites with related information.
            ``(17) Coordination.--The Committee shall coordinate its 
        oversight activities with the Comptroller General of the United 
        States and State auditors.
            ``(18) Rules of construction.--Nothing in this subsection 
        shall be construed to--
                    ``(A) affect the independent authority of an 
                Inspector General to determine whether to conduct an 
                audit or investigation of covered funds; or
                    ``(B) require the Council or any Inspector General 
                to provide funding to support the activities of the 
                Committee.
            ``(19) Authorization of appropriations.--For the purposes 
        of carrying out the mission of the Committee under this 
        subsection, there are authorized to be appropriated such sums 
        as may be necessary to carry out the duties and functions of 
        the Committee.''.
    (b) Effective Date.--This Act and the amendments made by this Act 
shall take effect on September 30, 2025.
                                 <all>
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